PortugueseTutors.com Terms of Use Last Updated: November 21, 2010 PortugueseTutors.com , and its operators can not be held liable for any problems users may have with third party companies whose listings are on PortugueseTutors.com . PortugueseTutors.com is informational only, and PortugueseTutors.com does not endorse any third party advertisers on the PortugueseTutors.com website. Further, business listings, information in business listings, and contact information is not verified by PortugueseTutors.com, and assumes no liability for it or for any services rendered by advertisers and/or listed companies on this website. 1. General Welcome to the Terms of Use (the “Terms”) for the PortugueseTutors.com website, together with any related PortugueseTutors.com Internet properties, and their respective content, products and services. PortugueseTutors.com is offered to you, the user (“you” or “User”), conditioned on acceptance of the terms, conditions, and notices contained in these Terms. Please read the following Terms carefully before using PortugueseTutors.com so that you are aware of your legal rights and obligations. By using PortugueseTutors.com you are agreeing to be bound by and comply with these Terms. Please be aware that we have the right to change the Terms at any time, with or without notice to you, by posting amended Terms on this PortugueseTutors.com webpage. Your continued use of PortugueseTutors.com will indicate your agreement to be bound by the changed Terms. We recommend that you visit this webpage periodically to review the most current Terms. The PortugueseTutors.com is not intended for use by children under the age of 13. By using PortugueseTutors.com , you represent that you are age 13 or over. 2. Use of PortugueseTutors.com Your use of PortugueseTutors.com is governed by the Terms. PortugueseTutors.com reserves the right to terminate or restrict your access to PortugueseTutors.com without prior notice for any or no reason. 3. Copyright The information on PortugueseTutors.com , including, without limitation, all design, text, images, press releases, and other information, is protected under United States and other copyright laws and is owned by PortugueseTutors.com or used under license from or otherwise authorized by the copyright owner. Unless otherwise specified or agreed to by PortugueseTutors.com , you may print, copy and download any information or portion of PortugueseTutors.com for your personal use only. You may not modify, copy, reproduce, transmit, display, perform, distribute, transfer, rent, sublicense, publish, frame, store for subsequent use, create derivative works from, translate, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, products or services obtained from PortugueseTutors.com , except for the purposes expressly provided herein, without PortugueseTutors.com ’s prior written consent. If you copy or download any information from PortugueseTutors.com , you agree that you will not remove or obscure any copyright or other notices or legends contained in such information. PortugueseTutors.com neither warrants nor represents that your use of materials displayed on PortugueseTutors.com will not infringe rights of third parties not owned by or affiliated with PortugueseTutors.com . Any unauthorized use of any materials on PortugueseTutors.com may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You are advised that PortugueseTutors.com will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil damages, penalties, injunctive relief and, if permissible, criminal prosecution. 4. Trademarks The trademarks, logos, and service marks displayed on PortugueseTutors.com (collectively the “Trademarks”), are trademarks of PortugueseTutors.com . Nothing contained on PortugueseTutors.com should be construed as granting you any license or right to use any of the Trademarks for any purpose whatsoever, including, but not limited to, use of the Trademarks as metatags on other websites or in keyword advertising, without PortugueseTutors.com ’s prior written consent. Unauthorized use of any of the Trademarks is strictly prohibited. 5. Linking Notwithstanding the preceding paragraphs, you may be granted a limited, nonexclusive right to create a hyperlink to PortugueseTutors.com provided (i) you give PortugueseTutors.com notice of such link by writing before, (ii) PortugueseTutors.com confirms in writing that you may establish the link, (iii) you do not remove or obscure the copyright notice or other notices on PortugueseTutors.com , (iv) such link does not portray PortugueseTutors.com or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner, and (v) you immediately discontinue providing a link to PortugueseTutors.com if so requested by PortugueseTutors.com . You may not use a PortugueseTutors.com logo or other proprietary graphic or trademark of PortugueseTutors.com to link to PortugueseTutors.com without the express written permission of PortugueseTutors.com . PortugueseTutors.com reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you “frame” PortugueseTutors.com or any of its content or copy portions of PortugueseTutors.com to a server. Except as otherwise consented to in writing by PortugueseTutors.com , each page within PortugueseTutors.com must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within PortugueseTutors.com . 6. Unauthorized Use of PortugueseTutors.com In using PortugueseTutors.com and any of the content contained therein, you agree that you will not, and that you will not encourage, solicit, assist or enable any third party to, (i) use PortugueseTutors.com for any unlawful purpose, (ii) impersonate any person or entity, or falsely state or otherwise misrepresent your own identity, (iii) take any steps to interfere with or in any manner compromise or circumvent any of PortugueseTutors.com ’s privacy or security measures, (iv) take any action to block access to PortugueseTutors.com (in whole or in part) by other users, (v) use PortugueseTutors.com to provide fraudulent or inaccurate information or otherwise for fraudulent purposes, or (vi) harvest or collect any information about or regarding other PortugueseTutors.com users, including, without limitation, any personal data or information. Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in PortugueseTutors.com is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of PortugueseTutors.com or any of its respective content. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, transmission or activation of computer viruses, or attempts to decompile, reverse engineer, disassemble, modify or hack PortugueseTutors.com , or to defeat or overcome any encryption and/or digital rights management technology implemented by PortugueseTutors.com with respect to PortugueseTutors.com , and/or data transmitted, processed or stored by PortugueseTutors.com . You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of or use of PortugueseTutors.com , except as expressly permitted by the Terms. Should any content or any user or other party be found or reported to be in violation of the preceding or any other Terms, the determination as to what, if any, action should be taken will be in PortugueseTutors.com ’s sole discretion, subject to any requirements of applicable law. In using PortugueseTutors.com , you expressly consent to administrative monitoring at all times by the server admin and/or the server hosting data center and its authorized agents and contractors. You are further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If you do not wish to consent to monitoring, you should immediately cease using PortugueseTutors.com . 7. Special Warning for International Use Recognizing the global nature of the Internet, you further agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 8. PortugueseTutors.com Communications In the course of providing you with PortugueseTutors.com , PortugueseTutors.com may need to communicate with you via email. You agree to receive emails that are necessary for the normal functioning of PortugueseTutors.com . 9. Advertisers and Third Party Links Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through PortugueseTutors.com , including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely and entirely between you and the advertiser. You agree that PortugueseTutors.com will not be responsible or liable, directly or indirectly, for any loss, damage, negligence, injury, or problem of any sort incurred as the result of any such dealings or as the result of the presence of the advertisers on PortugueseTutors.com . Further, you understand and agree that PortugueseTutors.com may provide links to other Internet websites or resources. Such links are meant solely for our users’ convenience. Because PortugueseTutors.com has no control over any external websites and resources, you acknowledge and agree that PortugueseTutors.com is not responsible for the availability of such external websites or resources, and does not sponsor or endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Accordingly, PortugueseTutors.com does not make any representations concerning the privacy practices or terms of use of such websites, nor does, nor does PortugueseTutors.com control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, video, messages or other materials available on such websites. You further acknowledge and agree that PortugueseTutors.com will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. If you decide to access any of the third party websites linked to PortugueseTutors.com , you do this entirely at your own risk. PortugueseTutors.com , and its operators can not be held liable for any issues users have with third party companies whose listings are on this website. This website is informational only, and PortugueseTutors.com , and its operators do not endorse any third party advertisers on PortugueseTutors.com website. Further, business listings, information in business listings, and contact information is not verified by PortugueseTutors.com , and we assume no liability for it or for any services rendered by advertisers and/or listed companies on this website. 11. Modification or Termination of PortugueseTutors.com PortugueseTutors.com reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, PortugueseTutors.com (in whole or in part) with or without notice to you. You agree that PortugueseTutors.com will not be liable to you or to any third party for any modification, suspension or discontinuance of PortugueseTutors.com . Without limiting the generality of the foregoing, you acknowledge and agree that PortugueseTutors.com will have no liability to you or any third party for any technical delays or disruptions in PortugueseTutors.com . 12. Indemnification By accepting these Terms, you agree to indemnify and otherwise hold harmless PortugueseTutors.com , its members, officers, employees, agents, co-branders or other partners, subsidiaries and affiliates from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorneys’ fees) due to or arising from (a) your use of PortugueseTutors.com , (b) your violation of the Terms or any rights of another, (c) unauthorized access to or alteration of your communications with or through PortugueseTutors.com , and/or (d) any other matter relating to PortugueseTutors.com . 13. Disclaimer of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF PORTUGUESETUTORS.COM IS AT YOUR OWN RISK AND THAT PORTUGUESETUTORS.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PORTUGUESETUTORS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PORTUGUESETUTORS.COM MAKES NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, (i) AS TO THE OPERATION OF PORTUGUESETUTORS.COM , THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON PORTUGUESETUTORS.COM , (ii) THAT PORTUGUESETUTORS.COM WILL BE UNINTERRUPTED OR ERROR-FREE, (iii) AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH PORTUGUESETUTORS.COM , (iv) OR THAT PORTUGUESETUTORS.COM AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PORTUGUESETUTORS.COM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. PORTUGUESETUTORS.COM MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. THEREFORE, PORTUGUESETUTORS.COM RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PORTUGUESETUTORS.COM OR THROUGH OR FROM PORTUGUESETUTORS.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 14. Limitations on Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT PORTUGUESETUTORS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PORTUGUESETUTORS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY MATTER RELATING TO PORTUGUESETUTORS.COM , OR YOUR USE OF OR INABILITY TO USE PORTUGUESETUTORS.COM . YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH PORTUGUESETUTORS.COM OR PORTUGUESETUTORS.COM IS TO DISCONTINUE ANY USE OF PORTUGUESETUTORS.COM . THE LIMITATIONS OF LIABILITY PROVIDED IN THE TERMS INURE TO THE BENEFIT OF US, OUR AFFILIATES AND ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF PORTUGUESETUTORS.COM UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIFTY DOLLARS (US$50). 15. User Materials Any material or information sent by you through or in connection with PortugueseTutors.com and any content, products or services contained or marketed therein (including testimonials, remarks, questions, comments, ideas, graphics or other information) will be treated as non-confidential, non-proprietary, and will immediately become the property of PortugueseTutors.com , except as otherwise provided in the Terms. PortugueseTutors.com may use such materials as it seems fit, anywhere in the world, without obligation for compensation, and free of any moral, intellectual property or other rights to such information and materials. In addition, you acknowledge and agree that you have full responsibility for any information and materials you submit to us, including its legality, reliability, appropriateness, originality and copyright. 16. Disclaimer of Association With User You acknowledge that no joint venture, partnership, employment or agency relationship exists between you and PortugueseTutors.com or its authorized agents or contractors as a result of the Terms or use of PortugueseTutors.com . You agree not to hold yourself out as a representative, agent, or employee of PortugueseTutors.com . None of PortugueseTutors.com , its authorized agents or contractors shall be liable for any representation, act or omission by you. 17. PortugueseTutors.com Privacy Policy All user information submitted through PortugueseTutors.com and certain other information about you is subject to our Privacy Policy, the terms of which (as the same may be updated from time to time) are hereby incorporated into the Terms in their entirety by reference. 18. Entire Agreement These Terms constitute the entire agreement between you and PortugueseTutors.com and govern your use of PortugueseTutors.com , superseding any prior agreements, oral or written, between you and PortugueseTutors.com (including any prior versions of the Terms). 19. Governing Law/Venue Except for trademark and copyright matters governed by the federal laws of the United States, the Terms between you and PortugueseTutors.com will be governed by and construed in accordance with the laws of the State of Florida without regard to principles of conflict of laws. You and PortugueseTutors.com agree to submit to the personal and exclusive jurisdiction of the courts located within Boca Raton, Florida. 20. General Information The section titles of the Terms are displayed for convenience only and have no legal or contractual effect. The failure of PortugueseTutors.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms or any incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. PortugueseTutors.com may provide notices of changes to the Terms, additional terms of service or other matters by displaying notices or links to notices to you generally on or through PortugueseTutors.com . You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement. PortugueseTutors.com ’s performance of the Terms is subject to existing laws and legal process and nothing contained in the Terms is in derogation of PortugueseTutors.com ’s right to comply with law enforcement requests or requirements relating to your use of this web site or information provided to or gathered by PortugueseTutors.com with respect to such use. We may assign our rights and delegate our obligations under these Terms, in whole or in part, at any time with or without notice to you. You may not assign any of your rights or delegate your obligations under these Terms to any other person. Any attempt by you to do so is void. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of PortugueseTutors.com or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Please send any questions or comments, or report violations of the Terms to Contact (at) PortugueseTutors.com Any rights not expressly granted herein are reserved.